Reopening already earlier made and not followed up or rejected applications

The application deadline for compensation benefits in accordance to the Federal German Restitution Law [BEG] was initially restricted in time to the 1st April 1958. Should this deadline not have been kept, for which the claimant was not to blame, reinstatement could be granted upon application (§ 189 Federal German Restitution Law [BEG]).

Should an application have been made within this set period, further claims could have been registered up to the 31st December 1965, at the latest and over beyond this date under certain conditions (§ 189a Federal German Restitution Law [BEG]).

Over and above this claims which were filed for the first time as a result of the Federal German Restitution [BEG] Determination Law from the 14th September 1965 could be made valid at the latest by the 31st March 1967. Nevertheless, it was not possible to make any applications after the 31st December 1969.

Finally, applications made within the set period which could be substantiated with the demanded details as to the reasons for lodging a claim and the said amount as laid down in § 190 No. 1 – 4 of the Federal German Restitution Law [BEG] to enable the compensation authorities to be able to provide the necessary investigation appraisals for processing the applications made. Filed but not substantiated claims have ex-pired; any reinvestigation has been expressly excluded by legislation (§ 190a Federal German Restitution Law [BEG]).

This means that today it is no longer possible to file or make valid any fresh claims in accordance with the Federal German Restitution Law [BEG] (with the exception of claims made by survivors and heirs after the death of a pension recipient as well as claims for the reimbursement of costs falling under the granted health treatment or the treatment of recognised inflictions as a result of persecution). Nevertheless, "reinvestigation" of already earlier made and not subsequently followed up or rejected applications is however possible under the following conditions:

1) Applications for compensation, which were filed within the set time limit and had also been substantiated (see above), but to which no conclusive decision was received from the authorities can be reopened and followed up again in principle.

2) In so far as a final decision has been received and this has become legislatively final in the course of time and this only be changed under more stringent conditions:

a) by submitting reasons for restitution in the sense of § 580 Fed-eral German Civil Code [ZPO],

b) in the case of compensation being regulated by means of an out of court settlement when today due to abolition of the business basis any adherence to the out of court settlement could be an infringement against trust and good faith (§§ 242, 779 Federal German Restitution Law [BEG])

c) by submitting the conditions for assistance in accordance with the  Second Procedure Directives

d) when an earlier application for pension benefits in accordance with the Federal German Restitution Law [BEG] had been rejected and the decisions decisive for the decision have subsequently changed to a considerable extent. In this case an application can be made for a new decision on the application in accordance with § 206 Federal German Restitution Law [BEG]. The main case for such an application is the earlier rejection of a current pension benefit because diminution in the ability to earn a livelihood has not reached a total level of handicap of 25 %.

N.B.: In this case it is a matter of very difficult and complex factual and legislative questions. As a consequence in cases of doubt you should approach an experienced lawyer of your trust who is familiar with compensation matters or directly approach the compensation authorities responsible for you.